Can an appellant amend a Notice of Appeal in a rule 3(10) hearing?

‘It will generally be in the interests of justice that applications for permission to amend at a rule 3 (10) hearing, in circumstances such as I have just outlined, should be granted, even if the point is one that has not been pleaded in the original notice of appeal… provided always, of course, that the point is reasonably arguable.’

The judge went on to say that a rule 3(10) hearing is often the first time an appellant has the benefit of legal advice (an unrepresented appellant can use the Employment Lawyers Appeal Advice Scheme) and often their new representative will raise reasonably arguable points of law that the appellant has not spotted.  The only prejudice that the judge could see in allowing an appellant to amend a Notice of Appeal was the delay in the hearing of the appeal.  The judge did not however consider this to outweigh the right to have an appeal determined.

Respondents will now find it difficult to apply to set aside a decision to amend a Notice of Appeal.  In fact, the judge in this case pointed out that Respondents would be landed with the cost of two hearings rather than one if they do apply to set aside such a decision.